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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Witness – False Testimony
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue:: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background. Holding: ¶33. We cannot conclude that the […]
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Parole Eligibility, When Set by Court
State v. Jeremy J. Byrge, 2000 WI 101, 237 Wis. 2d 197, 614 N.W.2d 477, affirming as modified State v. Byrge, 225 Wis. 2d 702, 594 N.W.2d 388 For Byrge: Steven P. Weiss, SPD, Madison Appellate Issue: “(W)hether a circuit court, before accepting a plea of guilty or no contest [to a crime punishable by […]
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Out-of-State Prison Transfer
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison is a collateral consequence of a guilty plea. Holding: ¶8. In addition, we agree with the State that transfer to an out-of-state prison is a collateral consequence of Parker’s plea of no contest…. ¶9. We have held that collateral […]
Witness – Impeachment — Post-Miranda Silence
State v. William Nielsen, 2001 WI App 192, PFR filed For Nielsen: Waring R. Fincke Issue/Holding: ¶31. The privilege against self-incrimination is guaranteed by art. I, § 8, of the Wisconsin Constitution and by the Fifth Amendment to the United States Constitution. State v. Adams, 221 Wis. 2d 1, 7, 584 N.W.2d 695 (Ct. App. 1998). […]
Character — Defendant’s Record Used to Cross-Examine Alibi Witnesses
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether the prosecutor properly cross-examined an alibi witness as to what the defendant had told him about his prior offense. Holding: ¶21. Further, even if the 1992 conviction could have been properly admitted, using this evidence on cross-examination […]
“Jensen” Testimony, “Maday” Remedy – Right to Examine Complainant’s Psychological Condition
State v. Joseph F. Rizzo, 2002 WI 20, reversing and remanding 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 854 For Rizzo: Franklyn M. Gimbel Issue1: Whether testimony by a state’s expert amounted to “Jensen” testimony, i.e., expert opinion that the sexual assault complainant’s behavior was consistent with that of sexual assault victims […]
Expert Witness Qualifications – SVP Supervised Release
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders … […]
Hearsay – Prior Consistent Statement, § 908.01(4)(a)2
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether the alleged victim’s entire testimony at prior proceedings was properly admitted into evidence, under prior consistent statement or rule of completeness rationales. Holding: ¶25. The trial court admitted the entire prior testimony under two theories: (1) the […]
Discovery – Witness List Violation
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness. Holding: ¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was […]
Confrontation – Hearsay: Social Interest Exception, Particularized Guarantees of Trustworthiness
State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted, Edward A. Murillo v. Frank, 402 F3d 786 (7th Cir. 2005) For Murillo: Craig Albee Issue: Whether a statement implicating defendant in a homicide and made by his brother and fellow gang member while in police […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.